Splatter

Splatter (pronounced splat-er)

(1) To splash and scatter upon impact.

(2) An act or instance of splattering, typically a spray of mud, paint, blood or other liquids which results in many small blobs, some of which may coalesce.

(3) The quantity or the residue of something so splattered; An uneven shape (or mess) created by something dispersing on impact.

(4) In film as “splatter film” or “splatter movie”, a production characterized by gory imagery, often for its own sake (something of this the type often referred to as “a splatterfest”).  Splatterpunk is either a fork or synonym depending on interpretation.  In film, the splatter ecosystem is treated by those who take such things seriously as a sub-set of the horror genre.

(5) In modern art, as “splatter art” or “splatter painting”, a technique in which paint is (variously) dripped thrown, squirted, flicked etc onto the surface (although because of its history, “drip painting” to often treated as a separate stream (or drip)).

(6) In radio, spurious emissions resulting from an abrupt change in a transmitted signal.

1760s: The origin is uncertain but it’s presumed to be a portmanteau word, the construct being spla(sh) + (spa)tter.  Splash was probably a variant of the Middle English plasch & plasche, from the Old English plæsċ (pool, puddle) and thought likely an imitative form.  It was cognate with the Dutch plas (pool, watering hole) and related to the West Frisian plaskje (to splash, splatter), the Dutch plassen (to splash, splatter) and the German platschen (to splash).  The construct of spatter was probably the Middle Low German or Dutch spatt(en) (to spout, burst) +‎ -er (the frequentative suffix) and related to spit (saliva).  Splatter, splatterdash & splattering are nouns & verbs, splatterer & splatterfest are nouns, splattered is a verb and splattery is an adjective; the noun plural is splatters.

The verb in the sense of “splash; scatter about; make a noise as of splashing water” developed from the noun and was in use by at least 1784 but the earlier splatterdash (thought a variant of spatterdash) was noted a decade-odd earlier, a development of the noun spatterdash (leather covering for the lower leg to protect from mud) from the late seventeenth century.  Splatterdash meant “in a haphazard manner; work performed in a disorganized way” and was thought (either by intent or mistake) to have evolved from or been influenced by the earlier slapdash.  The early eighteenth century splatter-faced (having a broad, flat face) was probably a perversion of platter-faced, the modern version being “plate-faced”.  Splatterpunk was in 1986 apparently coined by award-winning US writer David J Schow (b 1955), noted for his many contributions to the horror industry and the splatter fork in particular. The first known reference to its use was during his celebrated appearance at the Twelfth World Fantasy Convention in Providence, Rhode Island.  Devoted fans of the splatter movie genre often self-identify as splatterpunks.

I Know Who Killed Me (2007) was for years was a fixture on "Worst Movie Ever" lists but more recently it has built a cult following (for reasons right and wrong) and the longevity in the interest it sustains has made it one of the genre's more enduring (and profitable) titles.  It was an example of a splatter movie "cross-over" in that the splatter aspect was ancillary to the crime-focused plot.  IKWKM often appears in "midnight screenings".

The evolution of the splatter movie becomes obvious from around the early 1960s when graphical depictions of violence and increasing volumes of (fake) blood began to appear.  The censorship in most parts of the world was for most of the twentieth century quite rigorous and unlike the attitude of the authorities towards nudity & sex where some jurisdictions tended to be more permissive, the attitude towards violence in films was more restrictive.  The French Grand Guignol (1897-1962) theatre had staged naturalistic dramas in which the gore was said to be “most realistic” but it was unusual and tolerated as an example of intellectual Parisian bohemianism and in early cinema, about the only graphic depictions seen of blood and gore were those in battlefield scenes or anything intended to illustrate the savagery of non-white races.  The trend towards gratuitous violence in film grew in the post-war years and directors in the 1960s pushed the boundaries, something accommodated by different versions of films being released in different markets, some more cut than others.  Such was the flow of violent cinema that the authorities began banning distribution and it wasn’t until the 1990s the practice became uncommon in the West, the classification system restricting to adults those thought most disturbing thought sufficient.  If there’s a convenient watershed in the business, it might be The Texas Chain Saw Massacre (1974) which lived up to its name; after that, all splatter movies can be considered a variation on the theme.

Freier Stress (Stress Free), Oil on linen by Albert Oehlen (b 1954).

Some regards splatter art as something distinct from drip painting (or action painting) while many claim not to be able to tell the difference although because drip painting has an establish place in modern art (one quite respectable according to many including those who pay millions for works by some of the most famous artists), it’s usually treated as something distinct.  As can be imagined, “splatter” is something within the rubric of abstract; throwing paint at a surface, sometimes from a distance of several feet rather than using a brush or even some form of spray, is going to results in something which, even if recognizably something, is at least at the margins going to be chaotic.

Lepanto, Panel 6, oil on canvas by Cy Twombly (1928-2011)

When drip painting burst (splattered?) upon the art world in the early post war years it was a novelty and at least since the late nineteenth century there had among the Western avant-garde been a thirst for the new and the shocking.  At the time first referred to as a form of abstract expressionism, what the early works did manage to convey was the feeling of something spontaneous, the relationship between what appears on the canvas and the physicality of the technique.  There had long been painters working in oil able to represent the gestures of their brush-strokes, usually with a graduated thickness in the layers on the surface but flinging the stuff around the room obviously brought a new violence to art.  Experimentation (and market differentiation) soon following and apart from the drippers and flingers, there were soon flickers, injectors (the use of syringes presumably thought a bit edgy), squeezers (wringing the paint from a soaked cloth), bursters (paint-filled balloons either thrown at the surface or popped from above) and even the odd spitter (paint ejected from the mouth).

Jackson Pollock (1912–1956) at work, dripping.  To the untrained eye, it's really not possible to work out where the dripping ends and the splatter begins or if it matters or if a distinction between cause and effect is helpful.  The most famous of the drip painters and one of art's genuine celebrities, Peggy Guggenheim (1898-1979) claimed he was “...the greatest painter since Picasso.”

Number 17A (1948), oil on fiberboard by Jackson Pollock.  In 2015 it sold for US$200 million which made it then the world's fifth most expensive painting.  An early work, it's thought one of the purest examples of drip painting and as soon as it appeared in the August 1949 edition of Life magazine, Jackson Pollock became famous.   

One thing about splatter art which simultaneously is (for practitioners) an attraction and (for detractors) a damnation is that the conventional skills traditionally needed by painters are not only not required but are simply irrelevant.  One of the most common complaints of the form by an unimpressed public was usually something like “That’s not art, anyone could do that.”  In terms of the techniques that’s certainly true in that anyone can drip, fling, flick, inject, squeeze or burst (most might draw the line at the spit) but the matter for judgment remains what was produced, not how it was done.  It’s the critics who rule on these things and those specializing in splatter (and related techniques) claim the ability to tell the good form the bad and the masterpiece for everything else.  Of course the language used between such critics is something like that of a sect in that while the words might be familiar, the meanings conveyed and the knowledge known secrets concealed from all but the chosen few and their views can be the difference between a piece being worthless or selling at auction for a sex figure sum.  We really have to take their word for it.

Times Square (2022), oil on canvas being painted by Paul Kenton (b 1968).

Paul Kenton describes himself as a “cityscape artist” and combines variations of splatter techniques with some more traditional forms of “editing” to produce works which are closer to the more traditional forms of abstract expressionism than the drip genre defined by Pollock.

Limbo

Limbo (pronounced lim-boh)

(1) In (informal) Roman Catholic theology, a region on the border of hell or heaven, serving as the abode after death of unbaptized infants (limbo of infants) and of the righteous who died before the coming of Christ (limbo of the fathers, or limbo of the patriarchs); often with initial capital letter.

(2) A place or state of oblivion to which persons or things are regarded as being relegated when cast aside, forgotten, past, or out of date.

(3) An intermediate, transitional, or midway state or place.

(4) A place or state of imprisonment or confinement.

(5) A dance from the West Indies (originally restricted to men), in which the dancer bends backward from the knees and moves with a shuffling step under a horizontal bar that is lowered after each successive pass.  Among university under-graduates (and other disreputable types), the activity is now often combined with drinking contests where the bar's height is inversely proportional to the contestant’s consumption of alcohol.

(6) Used loosely, a synonym for oblivion, nothingness or nowhere.

(7) In the slang of the military slang, a demilitarized zone (DMZ).

(8) A colloquial form used to refer to a Limburger, a person from Limburg (the southernmost of the twelve provinces of the Netherlands; the French form being Limbourgeois).

1300–1350: From the Middle English, from the Medieval Latin phrase in limbō (“on hell's border” literally “on the edge”), the being construct in + limbō, ablative of limbus (edge, border) the term in Medieval Latin best translated as a “place bordering on hell”.  The West Indian English limba (to bend, easily bending) is relatively recent, emerging 1955-1960 and is of uncertain origin but most etymologists suggest it likely came from Jamaica, probably an alteration of limber as it is a test of physical agility.  Limbo is a noun & verb, limbo-like is an adjective (limbolike is a registered trademark and thus a noun), limboed & limboing are verbs; the noun plural is limbos or limboes.

Medieval conjecture which became informal theology

Surprisingly, despite the place it has in language and popular imagination, limbo has never formerly been part of Roman Catholic doctrine and was a bit of a medieval fudge.  It was championed by Italian Dominican friar, philosopher & theologian Saint Thomas Aquinas (1225–1274), taking hold in the western Church and perhaps most influential in the popularity was the Italian Dante (Dante Alighieri (circa 1265–1321) who, in his Divina Commedia (Divine Comedy (circa 1310-1321)) used limbo as the resting place for virtuous pagans.  Dante sticks in the mind.

In April 2007, early in his papacy, Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) authorized the publication of “The Hope of Salvation for Infants Who Die without Being Baptised” which some suggested appeared to render defunct limbo, the place centuries of tradition and much teaching held was the place the souls of babies who die without baptism were sent.  An explanatory memorandum from the Church’s International Theological Commission accompanied the document, suggesting it was issued to correct what was “…an unduly restrictive view of salvation”.

The commission however stressed there was no change to Church doctrine.  It remains Church teaching that baptism removes original sin which stains all souls since the fall from grace in the Garden of Eden and that its conclusions should not be interpreted as questioning original sin or “…used to negate the necessity of baptism or delay the conferral of the sacrament”.  Instead, the document merely notes “… God is just and merciful and would not …exclude infants, who have no personal sins, from eternal happiness… from the kingdom of heaven”.  It added the need for publication was not without urgency because the number of “…non-baptised infants has grown considerably, and therefore the reflection on the possibility of salvation for these infants has become urgent”.

Christ in Limbo (1510), one of a series of twelve woodcuts (eleven scenes and a title page) from The Large Passion by Albrecht Dürer (1471-1528).

In theology, limbo had long been understood in two senses:  Firstly (denoted as limbus partum) as the temporary place of rest for the souls of the just awaiting the salvation of the Messiah and secondly (limbus infantium or limbus puerorum), as the final state of the souls of those who died without baptism yet without mortal sin.  Because the Church never officially defined this as doctrine, it’s regarded as theological supposition or, as Benedict put it “medieval conjecture”, constructed probably to avoid the creation of a loophole which unworthy sinners and lawyers might exploit to get into heaven.  All the same, scripture does seem explicit, Jesus teaching that no one “can enter into God’s kingdom without being begotten of water and Spirit” (John 3:5), thus the old assertion in the old Catechism that God Himself “…affirms that Baptism is necessary for salvation.” 

The term "in limbo" is now used to describe an uncertain, undecided, transitional (though not indeterminate) state or condition and can be applied to people, things or concepts.

In Constantinople, because the Byzantines were never as in thrall of Augustine as the folk in Rome, Limbo never really bothered the many but over the centuries, the issue attracted the attention of notables.  Saint Gregory Nazianzen (circa 329–390) implied somewhere like limbo might exist, believing the unfortunate infants would neither “…be admitted by the just judge to the glory of Heaven nor condemned to suffer punishment” and Tertullian (155–circa 220) before and Saint Ambrose (circa 340–397) after, concurred.  Saint Augustine of Hippo (354–430) was more stern and said there was no limbo, there was just Heaven and Hell and that of course unbaptized souls are sent to Hell because they were born in original sin and nor could they go to Purgatory since that is a pathway to Heaven.  All he would concede was of those in Hell, the torment of infants would be the mildest although he didn't go into detail.  Eight-hundred odd years later, Aquinas was more generous, noting the original sin was committed by the parents and not by the child and since (1) Hell was the place where unrepentant mortal sinners are sent for eternal punishment (2) only the baptized could enter Heaven, then (3) the souls of unbaptized children must go somewhere else and here was the (admittedly shaky) foundation of limbo.  In a quite modern flourish, Aquinas helpfully added that because they’d never been born, the infants would never have learned of the glories of Heaven so, not knowing what they’d missed, they’d probably find limbo rather nice.  It was a fudge worthy of any Lambeth conference.

Luca Signorelli (circa 1444-1523), The Resurrection of the Flesh (1499-1502) Fresco Chapel of San Brizio, Duomo, Orvieto.

The issue didn’t go away and in the eighteenth century, a radical group of neo-Augustinites, a kind of Romish version of the Republican Party's Freedom Caucus and known as the Jansenists, rejected limbo, the idea of which had for hundreds of years provided comfort to grieving parents, forcing Pope Pius VI (1717–1799; pope 1775-1799) in 1794 to issue the Papal Bull Auctorem Fidei (Of our Faith), condemning, inter alia, the denial that there is a place “which the faithful generally designate by the name of limbo for children”.  It was a rare official mention of limbo but well short of a definitive statement.  Interest was renewed in the twentieth century but Pope Pius XII (1876-1958; pope 1939-1958), hardly one fond of radical change, in 1943 issued a statement in the Holy See’s periodic gazette again neither defining nor rejecting limbo.  

So, press releases aside, the commission’s document suggests in the eight centuries between Aquinas and Benedict XVI, in limbo, not much has changed; the Catechism still asserts only that children who die before baptism are entrusted into the mercy of God.  Benedict XVI, no stranger to dancing on the head of a pin, seemed both to clarify and cloud the waters by saying limbo was only ever “medieval conjecture” and given there is no explicit answer from Scripture, people seem still free to make of it what they will.

Apollo

Apollo (pronounced uh-pol-oh)

(1) The ancient Greek and Roman god of light, healing, music, poetry, prophecy, manly beauty and quite some more.

(2) A popular term to describe a strikingly handsome young man.

(3) In aerospace, the National Aeronautics and Space Administration's (NASA) programme of spacecraft (1961-1972) which between 1969-1972 carried 12 US astronauts to the Moon and back, the best known of which were Apollo 11 (which carried the first men to set foot on the Moon) and Apollo 13 (the mission successfully aborted after mid-flight equipment failure).

(4) A Eurasian mountain butterfly, Parnassius apollo.

From classical Greek mythology, the name is a Latin form of the Greek Apollon, often cited as related to an obsolete Greek verb apollymi (to destroy) but there’s nothing conclusive.  More compelling is the notion it’s a cognate to the Doric month Apellaios and the offerings apellaia at the initiation of young men during the family-festival apellai.  Essentially, theories about Greek origins and a number of non-Greek etymologies are all speculative.

Apollo and the Muses, oil on canvas pentyptych (circa 1985) by Charles Meynier (1763 or 1768-1832).  Although in his notes the artist referred to the five panels as a pentyptych, that reference was conceptual and they've always been hung as five separate, framed canvases. 

From left to right: (1) Polymnia was one of the nine muses in Greek mythology and a patron of dancing or geometry.  Here she is depicted  standing in front of a bust of the Athenian orator Demosthenes. (2)  Erato, the muse of lyric and erotic poetry, is often shown with the golden arrow received from Eros (or Cupid), a sign of the emotion that inspires her.  (3) Urania leans on a starry orb, an allusion to her role as the muse of astronomy.  As all good muses must, she is staring dreamily at a god or man.  (4) The eldest of the nine Greek muses, Calliope was the goddess of music, song, and dance.  She was also known as the goddess of epic poetry and conferred the gift of eloquence on kings and princes. She stands here before a bust of Homer, the ancient Greek poet who history credits with having written the epic poems the Odyssey and the Iliad.  (5) Clio, the Greek muse of history, was the daughter of Zeus and Titaness Mnemosyne, the goddess of memory and is here depicted writing while surrounded by objects associated with preserving the memory of historical figures and events: busts, reliefs, and sculptures.  Clio's name was from the Greek root κλέω or κλείω (to recount; to make famous; to celebrate) and Clio is the traditional Latinisation but there has among classicists for centuries been a faction which uses K to represent the original Greek kappa, and ei to represent the diphthong ει (epsilon iota), thus the appearance in some texts of Kleio.

The paintings were commissioned by a textile merchant who planned to hang them in a grand gallery in his Toulouse townhouse but he went bankrupt prior to delivery and the paintings were purchased by a Swiss general who took them to his castle in Wallenried.  A wing had been added to the castle just to display the general's collection and there Apollo and the Muses remained for almost 180 years.  Although in good condition, when re-discovered, there were signs of neglect typical of works not carefully curated under controlled conditions.  The fluctuations in temperature and humidity at the castle had caused cracking in the surfaces and, over time, the sheer weight of the canvases caused the tacking edges to deteriorate and pull away from their stretchers, creating large drape-like buckles.  Most also exhibited varying degrees of the dreaded “traction crackle”, the degenerative process in which a paint layer on the surface shrinks faster than an underlying layer underneath, resulting in wide cracks revealing the color below.  The original hand-carved frames were intact and needed only the time-consuming conservation work to address the deterioration of their gesso and gold.

All of the paintings needed reduction of their varnish layers which had grown dull and discolored, descending to a brownish-orange tinge and when first viewed, all the works were dark, dull and murky, as if the muses were stepping out of a dense fog.  Worse, at some point, a prudish white veil had been painted over the body of Cupid many years after Meynier had died, a contemporary watercolor by the artist and an etching documenting the Salon of 1801 both showing the radical intervention was not part of the original.  Restoration was challenging because the original paint had aged for least 75 years before Cupid’s drapery and working under high magnification, conservators spent much time removing the 180 square inches of overpainting, re-shaping and re-sharpening scalpels so the unwanted could be chipped away without harming the original paint.  When complete, the restoration enhanced Meynier’s reputation because for the first time it became apparent he was one of the era's great colorists, his use of juxtaposed, muted complementary colors in draperies and skin tones creating soft vibrancies that undulate throughout the entire suite.

NUMEC headquarters, Apollo, Pittsburgh, Pennsylvania, circa 1961 (the site since razed).

The now defunct Apollo-based NUMEC should not be confused with the Northern Uganda Media Club (NUMEC), a most respectable and (as far as is known) nuclear-free institution.  The USACE (US Army Corps of Engineers) has indicated its “clean-up” of NUMEC's waste disposal site is unlikely to be completed before the mid-2030s.  

The “Apollo affair” describes a mysterious “incident” (which some prefer to describe as “a process”) in which the company NUMEC (Nuclear Materials and Equipment Corporation) “lost” some 90-275 kg (200-600 lb) of highly enriched uranium, the suspicion being the material had been diverted to the state of Israel, then highly focused on developing its own IND (independent nuclear deterrent).  The name of the affair came by virtue of NUMEC being located in Apollo, a suburb of Pittsburgh, Pennsylvania, the place gaining the name in 1848 after instances of its mail being wrongly delivered to another town in the state, both then called “Warren”.  Despite an investigation which continued for almost two decades, the findings were inconclusive and the Apollo affair remains one of the murkier tributaries of the US nuclear industry.  Remarkably, one of explanations offered as an alternative to the stuff being smuggled to Israel was it merely was “absorbed” into the physical structure of NUMEC’s buildings and the environs of Apollo, one of the implications of that being some must have ended up in the air and water, making the extent of the contamination uncertain.  The stance of successive US administrations has been they'd prefer we conclude several hundred pounds of highly enriched uranium (ie of or close to "weapons grade") didn't by whatever means make its way to Israel but was instead absorbed into NUMEC's physical infrastructure, grounds and surrounding parts of Pennsylvania.  For those sceptical about that, the approach seems to be something like the approach taken by the more pragmatic of Vatican-approved theologians advising anyone troubled by the less plausible tales of Christianity: "You need not believe it but you must accept it".  

Planet Earth photographed from Apollo 8 as it rounded the dark side of the moon, 1968.  Our lovely blue home is like the most precious jewel in a desert of cold rocks, swirling gas and fiery relics.  We should look after it. 

Apollo has variously been recognized as a god of music, truth and prophecy, healing, the sun and light, plague, poetry, and more.  Apollo was the son of Zeus and Leto, and had a twin sister, the chaste huntress Artemis.  An oracular god, the prophetic deity of the Delphic Oracle, medicine and healing were associated with Apollo although, in one of the paradoxes which are part of the charm of the myths of Antiquity, he was also seen as a god who could bring ill-health and plague.  As the leader of the Muses and their choir, Apollo functioned as the patron god of music and poetry and, using the lyre created for him by Hermes became the most common attribute in the works of art created in his honor.  The hymns sung to Apollo were called paeans and his most important daily task was to harness and ride his four-horse chariot with which he moved the Sun across the sky.

Map of the Greek Islands.

In most of the tales in Greek mythology, Apollo was born on the island of Delos and it's said Leto was unable to find a safe place to give birth because the jealous goddess Hera had placed a curse on her.  However, the island of Delos which until that moment had been floating around the Aegean suddenly became stable and anchored to the seabed, providing a safe birthplace for Apollo and his twin sister Artemis.  After that, not much happened in the region for a few millennia, the next significant event in 2019 when the MTV series Lindsay Lohan’s Beach Club was filmed on the neighboring island of Mykonos which lies to the north-east.

Fate

Fate (pronounced feyt)

(1) That which unavoidably befalls a person; their fortune or “lot in life”.

(2) The universal principle or ultimate agency by which the order of things is presumably prescribed; the decreed cause of events; time.

(3) That which is inevitably predetermined; the inevitable fortune that befalls a person or thing; destiny; the ultimate agency which predetermines the course of events.

(4) A prophetic declaration of what must be.

(5) A common term for death, destruction, downfall or ruin; a calamitous or unfavorable outcome or result.

(6) The end or final result (usually in the form “the fate of”).

(7) In Classical Mythology, as “the Fates”, the three goddesses of destiny (Clotho, Lachesis & Atropos), known to the Greeks as the Moerae and to the Romans as the Parcae.

(8) To predetermine, as by the decree of fate; destine (used in the passive and usually in the form “fated to”).

(9) In biochemistry, the products of a chemical reaction in their final form in the biosphere.

(10) In biology, as fate map, a diagram of an embryo of some organism showing the structures that will develop from each part.

(11) In embryology, the mature endpoint of a region, group of cells or individual cell in an embryo, including all changes leading to that mature endpoint (the developmental pathway).

1325–1375: From the Middle English fate (“one's lot or destiny; predetermined course of life” or “one's guiding spirit”), from the Old French fate, from the Latin fātum (oracular utterance; what has been spoken, utterance, decree of fate, destiny), originally the neuter of fātus (spoken), past participle of fārī (to speak), from the primitive Indo-European root bha- (to speak, tell, say).  The Latin fata (prediction (and the source of the Spanish hado, the Portuguese fado and the Italian fato)) was the plural of fatum (prophetic declaration of what must be; oracle; prediction), from fātus (“spoken”), from for (to speak) and in this sense it displaced the native Old English wyrd (ultimate source of the modern English weird).  When a Roman Emperor said “I have spoken” it meant his words had become law, subject only to the dictates of the gods, a notion in 1943 formalized in law in Nazi Germany when a decree of the Führer was declared to be beyond any legal challenge.

In Latin, the usual sense was “that which is ordained, destiny, fate”, literally “that which was spoken (by the gods) and often was used in some bad or negative way, (typically as some kind of harbinger of doom) and this association with “bad luck, ill fortune; mishap, ruin; pestilence or plague” carried over into Medieval Latin and from there to many European languages including English.  From the early fifteenth century it became more nuanced, picking up the sense of “the power or guiding force which rules destinies, agency which predetermines events” (often expressed to mean a “supernatural predetermination” and presented sometimes as “destiny personified”.  The meaning “that which must be” was first documented in the 1660s and that led (inevitability as it were) to the modern sense of “final event”, dating from 1768.   The Latin sense evolution came from “sentence of the Gods” (theosphaton in the Greek) to “lot, portion” (moira in the Greek, personified as a goddess in Homer; moirai from a verb meaning “to receive one's share”).  The Latin Parca (one of the three Fates or goddesses of fate) was the source of the French parque (a fate) and the Spanish parca (Death personified; the Grim Reaper) and may be from parcere (act sparingly, refrain from; have mercy upon, forbear to injure or punish (which etymologists suspect was a euphemism) or plectere (to weave, plait).  The Moerae (the Greek plural) or the Parcre (the Roman plural) were the three goddesses who determined the course of a human life (sometimes poetically put as “the three ladies of destiny”) and were part of English literature by the 1580s).  Clotho held the distaff or spindle; Lachesis drew out the thread and Atropos snipped it off, the three goddesses controlling the destinies of all.

The verb in the sense of “to preordain as if by fate; to be destined by fate” was first used in the late sixteenth century and was from the noun; two centuries earlier the verb had meant “to destroy”.  The adjective fateful dates from the 1710s and was from the noun, the meaning “of momentous consequences” noted early in the nineteenth century and both “fateful & “fatefully” were used by poets of the Romantic era with the meaning “having the power to kill” which belong usually to “fatal”, the attraction being the words better suited the cadence of the verse.  Just as the noun fate enjoyed some broadening and divergences in its meanings, other adjectival use emerged including fated from the 1720s which meant “doomed” (and “destined to follows a certain course” & “set aside by fate”), fatiferous (deadly, mortal) from the 1650s (from the Latin fatifer (death-bringing) and the early seventeenth century fatific & fatifical (having the power to foretell) from the Latin fatidicus (prophetic).  Fate is a noun & verb; fatalism, fatefulness & fatalist are nouns, fated & fating are verbs, fatalistic & fateful are adjectives and fatalistically & fatefully are adverbs, the noun plural is fates.

Fate has in English evolved to enjoy specific meanings and there’s really no exact synonym but the words destiny, karma, kismet; chance, luck, doom, fortune, lot, foreordain, preordain & predestination are related in sense while the antonyms (with a similarly vague relationship) include choice, free will, freedom & chance.  The idiomatic phrases using “fate” includes “as fate would have it” (the same meaning as “as luck would have it”, an allusion to the randomness of events and how so much good fortune in life is a matter of chance”; fate-fraught or fatefraught (fateful), quirk of fate (same as “quirk of fate”, a usually unfortunate (often ironic) change of circumstances or turn of events; seal someone's fate (to prevent (a decision, event, etc.) from being influenced or changed by a wilful act; to pre-empt someone's future actions by deciding the course of events ahead of time); sure as fate (with certainty); tempt fate (to court disaster; to take an extreme list); fate worse than death (which can be used literally (eg being sent to the Gulag in comrade Stalin’s time was often described thus on the basis a quick death was better than a slow one or the phrase “the living will envy the dead”, used often of those imagined to have survived a nuclear war) or figuratively (eg “going to a country & western concert is a fate worse than death” although that one may not be too far from literal.  The words “fate”, “destiny” & “doom” all relate to the hand of fortune (usually in the adverse) that is predetermined and inescapable and although they’re often used interchangeably, there are nuances: Fate stresses the irrationality and impersonal character of events; the randomness of what happens in the universe.  Destiny emphasizes the idea of an unalterable course of events, and is used of outcomes good and bad but rarely of the indifferent.  Doom is unambiguously always something bad, especially if final and terrible.  Doom may be brought about by fate or destiny or it may be something all our own fault.

Fatalist Lindsay Lohan and her determinist lawyer in court, Los Angeles, December 2011.

Many notable political and military leaders like to damn the hand of fate when it doesn’t favour them but the word is often invoked when things look good.  In July 1939, the vice-chief of staff of the Imperial Japanese Army (Lieutenant General Shigeru Sawada (1887–1980)), impressed by the dynamism of the fascist states in Europe declared : “We should resolve to share our fate with Germany and Italy”.  In that he was of course prophetic although the fate of the three Axis powers a few years on wasn’t what he had in mind.  By 1939 however, things in Tokyo had assumed a momentum which was hard for anyone in the Japanese military or political establishment to resist although there were statesmen aware they were juggling in their hands the fate of the nation.  Yōsuke Matsuoka (1880–1946; Japanese foreign minister 1940-1941), almost as soon as the signatures has been added to the Japanese-German Anti-Comintern Pact (1936) observed: “It is characteristic of the Japanese race that, once we have promised to cooperate, we never look back or enter into an alliance with others.  It is for us only to march side by side, resolved to go forward together, even if it means committing double suicide”.  Even by the standards of oriental fatalism that was uncompromising and Matsuoka san probably reflected on his words in the days after the attack on Pearl Harbor (7 December 1941) when he lamented: “Entering into the Tripartite Pact was the mistake of my life.  Even now I still keenly feel it. Even my death won't take away this feeling.”

In the Western philosophical tradition, the difference between fatalism and determinism is sometimes misunderstood.  In essence, what fatalism says is that one does not act as one wills but only in the pre-ordained way because everything is pre-ordained.  Determinism says one can act as one wills but that will is not of one’s own will; it is determined by an interplay of antecedents, their interaction meaning there is no choice available to one but the determine course.  So, fatalism decrees there is an external power which irresistibly dictates all while determinism is less assertive; while there are sequences of cause and effect which act upon everything, they would be ascertainable only to someone omniscient.  That’s something to explore in lecture halls but not obviously of much use in other places but the more important distinction is probably that determinism is an intellection position that can be mapped onto specific situations (technological determinism; political determinism; structural determinism etc) where as fatalism, ultimately, is the world view that would should abandon all hope of influencing events and thus repudiate any responsibility for one’s actions.  Determinism is a philosophy, fatalism a faith.

Estoppel

Estoppel (pronounced e-stop-uhl or est-opp-al)

(1) In common law jurisdictions, a legal principle that prevents a party from asserting otherwise valid legal rights against another party because of conduct by the first party, or circumstances to which the first party has knowingly contributed, make it unjust for those rights to be asserted.

(2) In common law jurisdictions, a rule of evidence whereby a person is precluded from denying the truth of a statement of facts he has previously asserted.

1250-1300: From the Middle English from the Middle French estoupail or estopail (stopper; plug; a bung made of oakum (étoupe) from estoper (to stop up; to plug), a derivative of estoupe from the Latin stuppa ("broken flax, tow"), from Ancient Greek στύππη (stuppē) (broken flax).  Estoppel is the noun; the verb is estop, from the Middle English estoppen, from the Old French estopper & estouper, probably a variation on the Vulgar Latin stuppāre (to stop up with tow, caulk).  The once common misspelling estoppal seems to have gone extinct since law students began using spell-checkers.  Estoppel, estoppage & estop are nouns and estopped & estopping are verbs; the noun plural is estoppages.

Lindsay Lohan and her lawyer in court, Los Angeles, 2011.

Equitable Estoppel is known also as Estoppel by Conduct or Estoppel in Pais (outside of court; without legal proceedings) and refers to estoppel arising by virtue of a party's actions.  Equitable estoppel prevents a party from taking a position that is inconsistent with their past conduct, especially when another party has relied on that conduct to their detriment. The classic example is where a party undertakes not to enforce their legal rights, leading another relying on that promise to act in a manner which is to their detriment, the party making the promise may be estopped from later asserting their legal rights.  Equitable estoppel is the companion of Promissory Estoppel which operates where one party makes to another an unambiguous promise to and the latter relies on that promise to their detriment. If later the promisor reneges on the promise, the court may estop them from doing so; promissory estoppel is often used to enforce promises that may not meet the strict requirements of a contract.  Collateral Estoppel is known also as Issue Estoppel and it stops a party from re-litigating an issue already riled upon in a previous case.  If an issue was essential to a previous judgment, provided the party had adequate opportunity to litigate, they will estopped subsequently from re-litigating the same issue.  Estoppel by Deed is known also as Estoppel by Record and applies in situations where a party makes a false statement about property rights in a written instrument (typically a will or deed).  If another party relies on that written instrument to their detriment, the party who made the false statement may be estopped from denying the truth of the statement.  Estoppel by Silence is known also as Estoppel by Acquiescence and occurs when one party's silence or failure to act leads another party to believe that certain facts or rights exist.  If the first party later tries to assert a contrary position, they may be estopped from doing so because of their earlier silence or inaction.  Estoppel by Representation arises when one party makes a false representation to another, and the other party relies on that representation to their detriment. The party making the false representation may be estopped from asserting a contrary position.  In Estoppel by Laches, if a party unreasonably delays asserting their legal rights and this delay prejudices another party, a court may in some circumstances estop the delayed party from later asserting those rights due to the unfairness of the delay.

Estoppel by Election (unknown in some jurisdictions) is a special instance of estoppel by conduct and arises in cases where there exists a plurality of gifts or rights which are inconsistent (or offered as alternatives) and the party who makes the gifts or creates the rights, shows by and express or implied intention that the party taking the gift or claiming the right should enjoy one of them, but not both.  Having made their choice, the receiving party cannot later renege and attempt to choose the other.  Estoppel by election can also be invoked in cases where a party cannot approbate or reprobate under the same instrument.  According to the most fastidious lawyers, the mysterious Constructive Estoppel really doesn’t exist and the term should be used only as a way to explain the mechanism of things like estoppel by silence, acquiescence or conduct because such concepts are analogous with the well-known constructive fraud.  It has been used in some jurisdictions in real property cases where the true state of affairs found to differ from what was construed.  Typically, the case will involve a transfer of property where the registration of a document operates as constructive notice of its contents.  One party may be unaware of the document or its contents but, because it is registered, it is deemed all possess such knowledge (the theory being if one wanted to have such knowledge it could be obtained).  The objection in such matters is not to the operation of estoppel but just the adjective “constructive”; either the facts of the case will disclose the conditions of estoppel are present (in which case the principle operates) or they are not (and the principal will not operate).

Estoppel has thus delighted lawyers in that it proved amenable to being formulated in so many flavors but the classic formulation remains promissory estoppel, dating from a judgment of an English court in 1877 but which remained unexplored by the judiciary until revived in 1946, after which it proliferated.  It’s an example of the law of equity intruding into common law to correct what would otherwise be an injustice were a strict and literal interpretation of law to prevail.  It holds (1) Where a party has acted in good faith upon representations by another, even if those representations were never reduced to a form in which they would create a legal relationship between the two, the other party cannot enforce their strict legal rights and (2) If a party represents to another that in certain circumstances, they would not seek to enforce their legal rights, they cannot subsequently depend on those rights.  Australian courts have extended the principle of estoppel, even allowing a historically essential condition of contract to be waived, the High Court of Australia (HCA) later fusing common law and equitable estoppels into a single unified doctrine.  However, the NSW Court of Appeal still treats estoppel at common law separately from equitable estoppel, this perhaps influenced by the long history of the old Equity Bar in that state.  NSW was the last major jurisdiction in the country to merge law and equity and the historic names of Equity and Common Law are still used for the court’s two divisions, some barristers still referring to themselves (it's said with something of a superior air) as members of the “equity bar”.

Heresy

Heresy (pronounced her-uh-see)

(1) Opinion or doctrine at variance with the orthodox or accepted doctrine, especially of a church or religious system.

(2) The maintaining of such an opinion or doctrine.

(3) In Roman Catholic canon law, the wilful and persistent rejection of any article of faith by a baptized member of the church.

(4) Dissent, iconoclasm, dissension.

1175–1225: From Middle English heresie from Old French heresie and Late Latin haeresis (school of thought, philosophical sect) derived from the Greek haíresis (act of choosing, derivative of haireîn (to choose)).  Source of the Greek was haireisthai (take, seize), middle voice of hairein (to choose) of unknown origin but likely derived from the primitive ser (to seize), thought also to be the root of both the Hittite šaru and the Welsh herw, both best translated as “booty".  The modern meaning emerged from the use by early Christian writers who used the literal translation from the Latin (sect or doctrine) to convey their disapproval of unorthodox thoughts or ideas.  The Greek word was used in the New Testament in reference to the Sadducees, Pharisees, and even the Christians, as sects of Judaism, but in English bibles it usually is translated as sect.   The meaning "religious belief opposed to the orthodox doctrines of the Church" evolved in Late Latin and was adopted for non-religious use as early as the late fourteenth century.

The Church of England Rejects Heresy Courts Proposal

Lindsay Lohan offering salvation to a heretic in Machete (2010).  The revolver is a Smith & Wesson Model 500 (8.38" barrel; .50 Magnum load)

In mid-1999, in a rare moment of clarity, the Church of England flirted, after a gap of one-hundred and fifty years, with the re-introduction of heresy trials to deal with clergy accused of deviation in matters of doctrine or ritual.  The last heresy trial was in 1847, when the Bishop of Exeter (Henry Phillpotts (1778–1869; Anglican Bishop of Exeter 1830-1869) accused the Reverend George Cornelius Gorham (1787–1857) of being unsound on the doctrine of "baptismal regeneration", Mr Gorham not agreeing a person was cleansed of original sin at baptism and born again into Christ.  Although the Court of Arches agreed with the bishop, on appeal, the Judicial Committee of the Privy Council overturned the ruling which caused a (very Anglican) controversy about whether a secular court should be able to rule on matters of doctrine (as opposed to law or procedure).  Since then clergy and bishops have been (more or less) free to deviate from doctrine without punishment and the Right Reverend David Jenkins (1925-2016), a former Bishop of Durham (1984-1994), famously raised a few eyebrows when he discussed his heterodoxic view on the virgin birth and bodily resurrection of Christ.  The new disciplinary procedure for clergy was to include offences against "doctrine, ritual and the ceremonial" because those who profess atheism or deny the doctrine of the Trinity or the Incarnation “should be disciplined”.

Heretic crooked Hillary Clinton (b 1947; US secretary of state 2009-2013) being burned at the stake (digitally altered image).

Although not as well known as other inquisitions, in England, in the sixteenth century Reformation during the reign of Henry VIII (1491–1547; King of England (and Ireland after 1541) 1509-1547), about 60 heretics were executed.  Heresy laws were repealed in 1547, but reintroduced in 1554 by Mary I (1516–1558; Queen of England and Ireland 1553-1558 & Queen of Spain 1556-1558), under whom about 290 heretics were burned at the stake after the restoration of papal jurisdiction.  Executions of some 180 religious opponents continued under Elizabeth I (1533–1603; Queen of England & Ireland 1558-1603) but on grounds of treason rather than heresy although the offence remained on the books.  To the condemned, it must have seemed a tiresome technical distinction.  The last execution of a "heretic" in England occurred in 1612 although technically that was for the offence of blasphemy.  Puritanical, if not quite to the end but certainly for as long as they could, there was one later execution in Scotland in 1697 when Thomas Aikenhead (circa 1676-1697) was accused, inter alia, of denying the doctrine of the Trinity.  In a example of Scottish judicial modernization, Mr Aikenhead was hanged rather than burned at the stake although blasphemy as a capital offence was retained until 1825.

Benedict XVI (1927–2022; pope 2005-2013, pope emeritus 2013-2022) and Cardinal George Pell (1941-2023) discuss the fate of heretics. 

Unfortunately, after mulling over things for half-a–decade, the General Synod of the Church of England rejected the revival of a heresy court and didn’t, even more regrettably, consider bringing back burnings at the stake.  It seems there were fears the court could be used to enforce a traditionalist view, targeting clergy, who for example, support same-sex marriages or gay clergy, both now apparently matters of greater theological importance than a belief in the resurrection.  That does seem strange given it’s the central tenet of Christianity but that’s clearly become view from both the General Synod and Lambeth Palace.  In an address to the synod, displaying his flair for simultaneously changing the subject and answering a different question than the one asked, then Archbishop of Canterbury, Dr Rowan Williams (b 1950; Archbishop of Canterbury 2002-2012), said it was important for the church “…to be able to speak out against issues like Apartheid.  The question I think we ought to be asking is whether this does or does not serve the integrity or credibility of the church in the long run.  I believe that such a measure can serve the integrity and credibility of the church if we do indeed step back in this way.  It is over twenty years since the World Alliance of Reform Churches declared that the theological justification for Apartheid was a heresy.  It would be, I think a very incredible and inadequate Christian church which did not have the resource to say something like that.”

Thy neighbor’s ass.

To most in the secular West, the terms “blasphemy” and “heresy” probably sound archaic although they remain fixtures in figurative use in sport, popular culture and such.  However, in the Roman Catholic Church they remain matters of significance, the latter even handled by canon law.  Although misleading, a way to illustrate the difference is to regard blasphemy as a sin against God while heresy is an offence against faith (technically against the church but according to the Holy See they’re the same thing).  Rome regards blasphemy as any speech, action, or thought which discloses one’s contempt, disrespect, or irreverence toward God, Jesus Christ, the Virgin Mary, the saints or anything treated as sacred.  Perhaps surprisingly (given how it’s handled in other jurisdictions), in the narrow technical sense, blasphemy is not explicitly defined in the 1983 Code of Canon Law (CIC) and instead is considered a grave sin and evidence of it can be used as evidence when considering specific offenses which are codified.  Once can commit blasphemy by cursing God, mocking sacred rites or publicly insulting the Eucharist and historically “taking the name of the Lord in vain” was the best known injunction against the habit.  In the King James Version of the Bible (KJV, 1611) it was written as: “Thou shalt not take the name of the LORD thy God in vain” and was in most translations the second of the Ten Commandments in Judaism and Christianity, handed down to man by God.  In the unforgiving Old testament (Exodus 20:7 & Deuteronomy 5:11) it’s reinforced by the injunction: “Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.” and that it appears so high in the list of ten (only: “Thou shalt have no other gods before me.” precedes it) does suggest it may have been thought a more critical matter than someone coveting their neighbor’s ass (tenth and last).  Not being mentioned in canon law, dealing with the offence varies on a case-by-case basis and while excommunication is now rare, depending on severity or recidivism, there can be canonical penalties, especially if there’s any whiff of scandal (ie bad publicity).

Heresy is different in that it’s codified in Canon 751 of the 1983 CIC as: “the obstinate denial or obstinate doubt after the reception of baptism of some truth which is to be believed by divine and Catholic faith.”  That obviously casts a wide judicial net but, since the major revision of the CIC in 1917, the most commonly cited examples have been (1) denying the divinity of Christ, (2) rejecting the doctrine of the Trinity or (3) refusing to accept papal infallibility (although of the latter there’s much de facto tolerance by virtue of papal infallibility being now something implied rather than invoked (which, in the narrow technical sense, has happened only once in the last 150-odd years)).  As students of the modern church have noted, there’s much heresy going on (indeed, for some bolshie priests it seems to be a calling) but despite Canon 1364 stating a heretic is subject to latae sententiae (automatic) excommunication (meaning they are excommunicated without and need for a formal declaration), the sanction is now rarely invoked.  These days, it seems to be excommunicated for heresy, the offense needs to be both serious and repeated.

Door not ajar: The Dicastery for the Doctrine of the Faith where blasphemy and heresy are deracinated.

Contrasting that, the vagueness of “blasphemy” means it is available as charge for offences which don’t have to fall within defined criteria.  In other words, quite what blasphemy is can be up to the Inquisitor (the Prefect of the Dicastery for the Doctrine of the Faith (DDF)) and in that sense Vatican justice can be seen as something like “the length of the chancellor’s foot” in Medieval England.  That doesn’t mean it’s quite like the apocryphal “unspecified offences” and the closest comparison is probably the CCP’s (Chinese Communist Party) 寻衅滋事 (Picking quarrels and provoking trouble) that can be used to secure a conviction when, inconveniently, no law appears to have been broken.  One heresy which can have consequences short of excommunication is a defiance of what is the core rule of the framework on which the church is built: obedience to the chain of command.  Structurally, the Roman Catholic Church operates on the Führerprinzip (leader principle) best known from the German Nazi state that was the Third Reich (1933-1945) and what that means is as the bishops must obey the pope, so priests must obey their bishop.  In practice of course there’s long been a bit of drift from this and most offences are dealt with by (1) ignoring them, (2) pretending they never happened or (3) rationalizing them as something else but if a malcontent’s conduct becomes so defiantly egregious it starts to frighten the horses, Rome will act.

Condemned blasphemer the former Father Pavone in MAGA (Make America Great Again) cap, fulfilling his broadcast media commitments, Orlando, Florida, February 2024.

Frank Pavone (b 1959 and still head of the organization Priests for Life (a US-based anti-abortion collective) despite having been laicised (defrocked) in 2022), found himself in the Inquisitor’s sights because of what was described by the Vatican as: “blasphemous communications on social media” and “persistent disobedience” of his bishop although the communiqué didn’t specify which was thought more heinous.  Ominously, a letter from the papal nuncio (the Holy See’s ambassador) to the US bishops made it clear there is no mechanism available to lodge an appeal.  Ordained in 1988, the former Father Pavone had been investigated by his then-diocese of Amarillo, Texas, for having in 2016 placed an aborted fetus on an altar and posting a video of it on two social media sites but what seems to have most disturbed Rome was him being one of those “meddling priests” who involved himself less in the spiritual and more in the earthly, posting frequently to decry crooked Hillary Clinton and extol the virtues of Donald Trump (b 1946; US president 2017-2021 and since 2025), almost always on the basis of their respective positions on abortion.  Mr Pavone remained defiant after being defrocked, comparing his fate to that of the unborn children he vowed to continue to defend: “So in every profession, including the priesthood, if you defend the #unborn, you will be treated like them!  The only difference is that when we are “aborted”, we continue to speak, loud and clear.”  Even defrocked, he wasn’t without clerical support, one bishop calling then President Joe Biden's (b 1942; US president 2021-2025) advocacy for abortion rights “evil”, tarring Rome with the same brush: “The blasphemy is that this holy priest is canceled while an evil president promotes the denial of truth & the murder of the unborn at every turn, Vatican officials promote immorality & denial of the deposit of faith & priests promote gender confusion devastating lives...evil."  Despite explicit instructions, Mr Pavone continues to present himself as a priest.